Mental Health Diversion Under Penal Code 1001.26

What is a Mental Health Diversion?

Mental health diversion is explained under Penal Code 1001.36. In California, a defendant is able to receive treatment if they suffer from a mental disorder. Therefore, people refer to this as a ‘pretrial diversion’.

What is a Pretrial Diversion?

A pretrial diversion postpones a defendant from taking further action on their case so that they may participate in a mental health treatment program. Thus, this allows the defendant to attend treatment and avoid jail time.

What Kind of Treatments Are Available Under a Mental Health Diversion?

The treatments that are available under the mental health diversion can be any of the following:

• Drug treatment;
• Therapy sessions; and/or
• Counseling

It is important to note that the judge must approve of the treatment plan the defendant wishes to receive prior to attending.

How Long Can Treatment Last?

The treatment the defendant seeks can last anywhere up to two (2) years, which can be conducted either as an outpatient or inpatient treatment.

What Happens After the Defendant Completes Their Treatment Plan?

If and when a defendant successfully completes their treatment, their criminal charges will be dismissed and will be as though the defendant had never been arrested to begin with. Furthermore, their record of the arrest will be sealed.

What Happens if the Defendant Fails to Complete Their Treatment Plan?

If the defendant fails to complete their treatment plan, the court will reinstate their criminal charges. In other words, the criminal charges pending before the defendant may not be dropped and the defendant’s case may proceed forward.

What Are Examples that Can Prevent a Defendant from Completing Their Treatment Plan?

Some examples of why a defendant may fail to complete a treatment plan include:

• Mental health experts tell the court that the defendant’s effort in the treatment plan is not satisfactory; or
• The defendant is charged with a crime that illustrates violent tendencies

What Defendants Qualify for Mental Health Diversion?

Defendants who qualify for mental health diversion must meet the following conditions:

• The defendant suffers from a mental health condition that is not pedophilia, borderline personality disorder, or antisocial personality disorder;
• Their mental disorder significantly influenced why authorities charged them with the violation.
• A mental health expert believes the defendant would respond to treatment;
• The defendant waives their right to a speedy trial;
• The defendant agrees to get treatment as a condition of the diversion program; and
• The court does not believe the defendant poses an unreasonable risk to public safety.

What Violations Are Ineligible for Mental Health Diversion?

The following list includes examples of violations ineligible for mental health diversion:

• Certain acts of terrorism
• Lewd acts involving children as per Penal Code 288
• Rape as per Penal Code 261; 261.5; or 262
• Voluntary manslaughter as per Penal Code 192(a)
• Murder as per Penal Code 187

Additional Aspects of a Mental Health Diversion Program

The Mental Health Diversion Program offers a unique opportunity to avoid criminal penalties. Instead, defendants undergo treatment. It is important to note, however, that the program has strict requirements and limitations.

The Role of Mental Health Professionals

Mental health professionals play a critical role in the mental health diversion process. Based on their evaluation, the court decides whether the defendant can participate in the program. Experts:

• Determine whether a mental illness exists
• Assess how effectively treatment can affect the defendant’s behavior

It is important, however, that the expert’s opinion confirms that treatment will be beneficial.

The Process of Monitoring and Compliance with the Treatment Program

After a defendant begins a mental health treatment program, the court and other agencies continue to monitor the defendant’s condition. This includes:

• Regular reports on treatment progress
• The defendant’s attendance at scheduled therapy sessions and other forms of treatment

If the treatment does not produce the expected results, the court may decide to reopen the criminal case.

Eligibility Requirements for the Mental Diversion Program

In order for a defendant to participate in the program, he or she must meet a number of conditions. It is necessary that the mental illness affect the defendant’s behavior at the time of the offense. It is also important that the defendant agree to participate in treatment and waive the right to a speedy trial.

What Can Prevent Successful Completion of the Program?

There are times when a defendant may not complete the program. This can happen if the professionals feel that the defendant’s efforts are not sufficient. In addition, if the defendant re-offends, the program may be terminated and the criminal case reopened.

Los Angeles Criminal Defense Attorney

If you or someone you know has been charged with a crime eligible for a mental health diversion, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.

Conclusion

A mental health diversion program offers a chance for rehabilitation rather than punishment. This can be vital for people suffering from mental illness. However, participation in the program requires responsibility and a willingness to comply with all conditions. It is important to remember that this opportunity is not available to everyone and requires a professional evaluation of the defendant’s condition.

If you or a loved one is facing charges and believe you may be eligible for the Mental Health Diversion Program, contact KAASS LAW. Our experts will evaluate all the circumstances of your case and help you determine the best course of action. Call 844-522-7752 for a free consultation.